Stephen R. Bruce
Attorney for Plaintiffs

202.289.1117 phone
stephen.bruce@prodigy.net

1667 K Street NW, Suite 410
Washington, DC 20006

Below are the following briefs or links to briefs:

• PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND CONDITIONAL APPROVAL OF ADEA COLLECTIVE ACTION (March 19, 2007) - Provided below.
• PLAINTIFFS’ MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CLASS CERTIFICATION AND CONDITIONAL APPROVAL OF ADEA COLLECTIVE ACTION (March 19, 2007) - Please click link to download the full 35-page memorandum.

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PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION AND CONDITIONAL
APPROVAL OF ADEA COLLECTIVE ACTION

COME NOW the Plaintiffs, by and through their attorneys, Stephen R. Bruce and
Roseman & Kazmierski, LLC, to respectfully request that this Court certify an ERISA class action under Fed. R. Civ. P. 23, and conditionally approve an ADEA collective action pursuant to 29 U.S.C. §626(b):

1. Certification of an ERISA class action under Rule 23 is appropriate because the class is so numerous that joinder is impracticable, Plaintiffs’ claims present common issues of law and fact, the Plaintiffs’ claims are typical of the class, and the named Plaintiffs’ and their counsel will fairly and adequately protect the class’ interests.

2. Conditional certification of an ADEA collective action is appropriate because Plaintiffs have set forth substantial allegations with documentary evidence to establish that El Paso’s conversion to a cash balance formula discriminated against participants in the El Paso Pension Plan based on age.

3. The proposed ADEA notice and opt-in consent form is accurate and informative.

4. A Memorandum in Support, Proposed ADEA Notice and Consent to Join Form, and Proposed Order accompanies this Motion.

5. The undersigned counsel for Plaintiffs certify pursuant to L.Civ.R. 7.1 that they conferred in good faith with Christopher Rillo, counsel for Defendants, about this motion on March 15, 2007, and Mr. Rillo indicated that his clients oppose certification of the case as a class action under ERISA and the ADEA.

WHEREFORE, Plaintiffs move that this Court grant Plaintiffs’ motion for certification of an ERISA class action and conditional approval of an ADEA collective action.

Respectfully submitted,

Stephen R. Bruce
805 15 St., NW, Suite 210 th
Washington, D.C. 20005
Telephone: (202) 371-8013
FAX: (202) 371-0121
E-mail: stephen.bruce@prodigy.net

ROSEMAN & KAZMIERSKI, LLC
s/ Barry D. Roseman
1120 Lincoln Street, Suite 1607
Denver, Colorado 80203
Telephone: (303) 839-1771
FAX: (303) 861-9214
E-mail: broseman@nela.org

Attorneys for Plaintiffs

CERTIFICATE OF SERVICE

The undersigned hereby certifies that, on this 19 day of March 2007, a true and the correct copy of (1) Plaintiffs’ Motion for Class Certification and Conditional Approval of ADEA Collective Action, (2) the Memorandum of Law in Support with Exhibits 1 - 10, (3) the Proposed ADEA Notice and Consent to Join Form, (4) the Proposed Order, and (5) this Certificate of Service was sent via CM/ECF electronic filing, addressed to the following parties:

Christopher J. Rillo, Esq.
GROOM LAW GROUP
1700 Pennsylvania Ave., N.W.
Washington, D.C. 20006-5893

Raymond W. Martin
WHEELER TRIGG KENNEDY LLP
1801 California Street, Suite 3600
Denver, Colorado 80202

s/ Stephen R. Bruce